PC Res 4505RESOLUTION NO.4505
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE 1429-1445
WESTMONT AVENUE SUBDIVISION, CONSISTING OF A ZONING
MAP AMENDMENT (PLN2018-237), PLANNED DEVELOPMENT
PERMIT (PLN2018-215), TENTATIVE SUBDIVISION MAP (PLN2018-
236), AND TREE REMOVAL PERMIT (PLN2018-239), FOR PROPERTY
LOCATED AT 1429 AND 1445 WESTMONT AVENUE.
FILE NO.: PLN2018-238
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the Planning Commission did
determine that the adoption of a Mitigated Negative ,Declaration provides full and adequate
environmental review' the 1429-1445 Westmont Avenue Subdivision, consisting , of a Zoning
Map Amendment (PLN2018-237), Planned Development Permit (PLN2018-215), Tentative
Subdivision Map (PLN2018-236), and Tree Removal Permit (PLN2018-239).
The Planning Commission thereby finds as follows with regard to recommended adoption of a
Mitigated Negative Declaration (PLN2018-238).
1. The proposed project is application for a Zoning Map Amendment Zoning Map
Amendment (PLN2018-237) to rezone the project site from R-1-6 (Single -Family
Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-
215) to allow construction of six two-story single-family homes, a new private street, and
associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-
236) to create six private lots and one common lot, and associated public and private
easements and allow the vacation of excess public right of way; and a Tree Removal
Permit (PLN2018-239) to allow removal of on -site protected trees.
2. The approximately 1.25 acre project site is comprised of two single-family properties (1429
& 1445 Westmont Avenue) that are located on the north side of Westmont Avenue,
between Harriet Avenue and Jasmine Court.' The properties are developed with single -
story single-family homes, several accessory structures, (i.e. shed, gazebo, and garage),
and 21 trees (spanning both lots) which are all proposed to be removed.
3. The project site is not listed on the Hazardous Waste and Substances Sites List as
set forth in Government Code Section 65962.5.
4. The Community Development Department has prepared an Initial Study and approved for
circulation a Mitigated Negative Declaration for the Project in accordance with the
requirements of the California Environmental Quality Act of 1970, together with state and
local guidelines implementing said Act, all as amended to date (collectively "CEQA").
5. The Initial Study/Mitigated Negative Declaration concluded that implementation of the
Project could result in a certain significant effect on the environment and identified a
mitigation measure that would reduce the significant effect to a less -than -significant level.
Planning Commission Resolution No. 4505 Page 2 of 3
Recommending Adoption of a Mitigated Negative Declaration (MND)
1429 and 1445 Westmont Avenue — File No.: PLN2018-238
6. In connection with the. approval of a project involving the preparation of an Initial
Study/Mitigated Negative Declaration that identifies one or more significant environmental
effects, CEQA requires the decision -making body of the lead agency to incorporate
feasible mitigation measures that would reduce those significant environment effects to a
less -than -significant level.
i
7. Whenever a lead agency approves a project requiring the implementation of measures to
mitigate or avoid significant effects on the environment, CEQA also requires a lead agency
to adopt a mitigation monitoring and reporting program to ensure compliance with the
mitigation measures during project implementation, and such a mitigation monitoring and
reporting program has been prepared for the Project for consideration by the decision -
maker of the lead agency as attached to the Mitigated Negative Declaration.
8. The City of Campbell is the lead agency on the Project,\ and the City Council is the
decision -making body, upon recommendation by the Planning Commission, that may grant
approval to undertake the Project.
9. The Planning Commission has reviewed and considered the Initial Study/Mitigated
Negative 'Declaration and related Mitigation Monitoring and Reporting Program for the
Project and, has recommended that the City Council approve the Project in compliance
with CEQA.
10. By inclusion as "Exhibit A" the Initial Study/Mitigated Negative Declaration and the
Mitigation Monitoring and Reporting Program for the Project are incorporated into this
Resolution.
11. The Project will not individually or cumulatively have an adverse effect on wildlife
resources, as defined in Section 711.2 of the California Department of Fish and Game
Code.
12. There are no responsible agencies or trustee agencies responsible for resources affected
by the project.
13. The Notice of Intent to adopt a Mitigated Negative Declaration was published in the
Campbell Express, a local newspaper of general circulation; provided by mailed notice to
all property owners within a radius of 300-feet of the project site and to those individuals
and organizations requesting notification; posted with the Clerk -Recorder of the County of
Santa Clara; and made available on the City's website.
14. The City of Campbell provided a 20-day public review period of the Mitigated Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day
public review period was from April 24, 2019 to May 14, 2019.
15. The mitigation measures identified in the Mitigated Negative Declaration are included as
Conditions of Approval of the Planned Development Permit and/or Tentative Subdivision
Map.
Planning Commission Resolution No. 4505
Recommending Adoption of a Mitigated Negative Declaration (MND)
1429 and 1445 Westmont Avenue - File No.: PLN2018-238
Page 3 of 3
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The Planning Commission has independently reviewed and analyzed the Initial
Study/Mitigated Negative Declaration and other information in the record and has
considered the information contained therein, prior to acting upon or approving the
Project.
2. The Initial Study/Mitigated Negative, Declaration prepared for the Project has been
completed in compliance with CEQA and consistent with state and local guidelines
implementing CEQA.
3. The Initial Study/Mitigated Negative Declaration represents the independent judgment
and analysis of the City of Campbell as lead agency for the Project.
4. Based upon the entire record of the proceedings held before the Planning Commission
and all information received that there is no substantial evidence that the Project will have
a significant effect on the environment.
5. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program for the Project are on file with the Campbell Community Development
Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell,
CA 95008 and are available for inspection by any interested person.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends the adoption of
a Mitigated Negative Declaration (PLN2018-238) (attached EXHIBIT A) for the 1429-1445
Westmont Avenue Subdivision, , consisting of a Zoning Map Amendment (PLN2018-237),
Planned Development Permit (PLN2018-215), Tentative Subdivision Map (PLN2018-236), and
Tree Removal Permit. (PLN2018-239), for property located at 1429 & 1445 Westmont Avenue.
PASSED AND ADOPTED this 28th day of May, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Ching, Hines, Rich, and Rivlin
Krey
Ostrowski
Paul Kem�yan, Secretary